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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand.

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial cour...

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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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Bombay High Court Dismisses Writ Petition Challenging Grampanchayat Election Nomination Rejection Due to Bar Under Article 243-O(b) of Constitution. Writ Petition Held Not Maintainable as Remedy Lies Only Through Election Petition Under Section 15 of Maharashtra Village Panchayats Act, 1959.

The petitioner, Gazala Bi Saddam Shah, filed a writ petition under Article 226 of the Constitution of India challenging the rejection of her nominatio...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Quashes Senior Citizens Tribunal Order Directing Son to Vacate Flat and Pay Maintenance to Mother — Tribunal Exceeded Jurisdiction Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by Deciding Title and Granting Possession Without Proper Inquiry.

The petitioners, Hemant Gamanlal Mehta and his wife Heena Hemant Mehta, challenged an order dated 28 July 2022 passed by the Sub Divisional Officer, E...

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KAHC010102062008_1

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Bombay High Court Quashes Reassessment Notices in Sales Tax Case Due to Lack of Reasonable Belief — Reopening Based on Mere Suspicion and Incomplete Information Held Invalid Under Section 35 of Bombay Sales Tax Act, 1959 and Rule 9A of Central Sales Tax (Bombay) Rules, 1957.

The petitioners, Shree Venkateshwara Petro Chemicals Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India chall...